‘Endless inconsistencies’: Court bins evidence, acquits 3 in attempt to murder case

New Delhi: A Delhi court has acquitted three men in a 2018 attempt to murder case holding the prosecution evidence untrustworthy.

Additional sessions judge Sachin Sangwan was hearing the case against Rajender Chauhan, Sunil Chauhan and Babita, booked for attempt to murder charge.

“The testimonies of eyewitnesses are far from being credible and fail to get corroboration from the circumstantial facts and investigation,” said the court on January 29.

The prosecution said one Nitin was stabbed by the accused persons during a brawl on April 17, 2018.

The court said there was “no coherence” in the testimonies of the witnesses on a “single fact” about the incident of the quarrel and that of the alleged stabbing.

It said even the testimonies of the victim, Nitin, and his daughter Tamanna, who was the complainant, lacked coherence regarding the preliminary facts and that their testimonies were not corroborated by their relatives.

“The inconsistencies about the incident in question are endless. Rather, the whole prosecution story, set up in the chargesheet, has gone haywire during the prosecution evidence,” the court said.

On the medical evidence, the court said Nitin was conscious and followed commands.

“Nitin was very much conscious but still no history of assault was given by him. This fact goes a long way in discrediting the allegations of prosecution,” it said.

The court considered the doctor’s opinion which said “the nature of injury

considering the close approximation of vital organ was dangerous”.

The court, however, said, “It is not the case that any internal organ was penetrated or damaged due to stab injuries. Hence, the opinion does not appear to be sound to the court as mere proximity of the injury to a vital organ does not make such injury dangerous per se.”

The FIR, said the court, was filed 15 days after the incident and the case was registered on the complaint of the daughter, who was then a minor, despite various adult members of the family being the eyewitnesses.